Two Haverhill Massachusetts Men Face Kidnapping, Assault With Intent to Murder Charges After Arrest in Billerica

The Lowell Sun reports that around 4:30 yesterday afternoon Billerica, Massachusetts police were called for a shooting near a new convenience store on Boston Road after a man entered the store, bleeding and complaining that he has just been shot at. The victim stated that the defendants, Jose Jusino and Joshua Ruiz, both from Haverhill, Massachusetts kidnapped him at gunpoint demanding money. The defendants drove to the Billerica convenience store where a struggle ensued and gunshots were fired. The victim’s injuries were not likely from the gunshot. Based on police broadcasts of the suspects descriptions Jusino and Ruiz were detained in Lowell, Massachusetts where a show up identification procedure confirmed that both were the assailants. Ruiz and Jusino are being charged with Kidnapping and Armed Assault with the Intent to Murder. The case is currently being prosecuted in the Lowell District Court.

Massachusetts General Laws Chapter 265 Section 18(b) sets out the law for Armed Assault with the Intent to Murder in Massachusetts. In summary, anyone who, with a firearm commits an assault on someone else with either the intent to rob that person or to murder the person is guilty of a felony. The case can be prosecuted in either the district court or the superior court. There is a maximum twenty year state prison sentence for a conviction of this offense. The district attorney’s decision as to where to prosecute this case is largely dictated by the underlying facts. If this was an actual abduction of an innocent person who was fortunate enough to escape his captors then I would imagine that this case will be prosecuted in the Superior Court in Woburn. If however there are some facts suggesting that this was some sort of dispute that evolved into a quasi-violent episode then the case might be prosecuted in the district court. Obviously the defendant’s criminal history will factor into that decision as well.

So what can a Massachusetts Criminal Lawyer do to get started on the defense of Jusino or Ruiz. I imagine they will try to identify the location from where the victim claims to have been kidnapped and see if there are surveillance or security cameras in the area. If available, the video footage will either support or contradict the representations of the victim. It is also sometimes helpful to locate and interview anyone who lives or works in the area where the alleged abduction supposedly took place. See what if anything people saw. See what is on the videotape from the convenience store cameras and match that with the victim’s complaints. Check cell phone records to see if the victim and defendants have some sort of relationship that precedes this incident. Find out if the victim has a history of violence and a criminal record. Locate the gun to see whose fingerprints are on it, if any. Interview the victim’s friends and family to see if his account of these events differs from the statements he made to the police. There appears to be more to this case than was initially reported to the police.

The Law Offices of Stephen Neyman defends cases like this one. As with any criminal case you need to hire an experienced criminal defense lawyer in Massachusetts to start your defense. You can reach our office by calling 617-263-6800 or by sending us an email. Your defense should start right now.